Taking The Breath Test

Here is a legal problem that may confront any law-abiding citizen during the holidays.

You're driving home from a great holiday party where you had a few drinks. Along the way a police car pulls you over. The officer asks to see your license and registration, and you produce them. Then the officer asks if you've been drinking. You tell him the truth. He orders you to take a breath test to determine if you are driving under the influence.

You're afraid that you may be over the legal limit. Should you refuse? Remain silent? Or what?

Take the breath test. In Pennsylvania an Implied Consent Law applies to this situation. Implied Consent means that anyone driving a motor vehicle on the roadways of Pennsylvania consents to the breath test in advance. If you refuse to take the test you automatically lose your drivers license for 12 months. You won't change things by remaining silent either. In Pennsylvania, when an officer asks a motorist to take a breath test, blood test or urine test, any response other than an unqualified "yes" is deemed to be a refusal.

The information presented on this web site does not constitute legal advice. No attorney-client relationship has been created. Readers are strongly encouraged to contact the firm for professional advice before making any decision of a legal nature. Family Lawyer Service is licensed in the Commonwealth of Pennsylvania.